saya pon akan menanyakan hal ini pada beberapa ustaz tmpat saya belajar..
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If you still feel that MLM is halal after reading through all the prohibited activities I have highlighted above, then one should ensure the minimum level of Shariah compliance of the following:
1. Real sale of goods: The products should have tangible benefit to the members or users like health supplements of good quality and other goods. Therefore, goods which have no tangible benefit, of low quality that do not meet the requirements for a real sale of goods, naturally being used to hide the pyramid scheme in MLMs and serve as legal tricks to avoid Shariah prohibition. Therefore, the strength of a MLM should be based on the product quality and not based on the ability to make large profit out of new members fee.
2. The product is not gold or silver or currencies: Gold, silver and currencies are ribawi items and should observe strict Shariah rules that only permit spot transactions. Gold, silver and currencies could not be sold on deferred basis because it will be tantamount to Riba Nasiah.
3. Commission paid to each member is transparent: There should not be any commission paid without effort. Therefore an upline is only entitled to the commission of the downline whom he or she has helped.
4. Commission is not based on number of new recruits: Commission should be based on the amount of sales that one has managed to achieve. This is important to ensure that the MLM focuses on real business and is not a mere money game.
5. No sales target as a pre-requisite for commission payment: There should not be any form of implied coercion by setting this kind of condition.
6. Every upline should put effort to help their downline: Upline should assist their downline by arranging for meetings, giving motivation and explaining sales techniques to their downline. This is important to ensure the upline is legally (from shariah perspective) entitled to the commission received. If not, the commission received may be categorized as ambiguous (syubhah) income. If the network is too big and the upline does not even know the downline what else to offer assistance, then why should the upline still attain benefit at the expense of the new member? This would result in compound brokerage mentioned above.
7. Does not utilize pyramid scheme i.e First In Rich Forever (FIRF) scheme: The marketing plan should ensure that everybody has an opportunity to get commission based on their performance and not according to First in Rich Forever scheme. In FIRF schemes, those who join a MLM company at its infant/early stage will always gain more as more members join although the new member is able to sell/perform better than those who join earlier. If it is a genuine business, a downline who performs better than an upline should be able to make more profit than the upline.
8. Disclosure of the commission system should be transparent and understandable: This is to ensure that there will be no fraud and the members could observe the commission payment easily.
9. Structuring of marketing plan based on partnership (musharakah) contract: The best way to set up a marketing plan is based on musharakah where profit and losses in the business is shared according to according to the capital ratio. The parties should agree upon the profit sharing ratio before entering into the contract.
